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Terms and Conditions
Terms and Conditions for Codaisseur BV - Last updated: August 2020
Article 1 - DEFINITIONS1. Course(s)- any and all forms of education services, Courses or training provided or organised by or on behalf of Codaisseur.2. Participant(s) - he natural person who takes part in a Codaisseur Course (Academy, Bootcamp, or Workshop).3. Client(s)- Legal entity who conducts a trade or business and who purchases a Course from CODAISSEUR B.V.4. ‘In-Company’ training(s) a Course provided and/or organised by Codaisseur that takes place under the authority of a Client for the benefit of its organisation or business relations.5. Consumer(s)- Natural person who does not conduct a trade or business and who purchases a Course from CODAISSEUR B.V.6. Agreement(s)- An Agreement concluded between CODAISSEUR B.V. and the Consumer, Client or Participant concerning a Course.7. Party(ies) - odaisseur B.V. and the Consumer, Client, or Participant, either separately or together.Article 2 - APPLICABILITY AND CHANGE1. These General Terms and Conditions are applicable to any and all proposals, offers, and Agreements related to a Codaisseur Course made between Codaisseur and a Participant, Consumer or Client. 2. Codaisseur reserves the right to bring changes to these General Terms and Conditions. The version of the General Terms and Conditions as applicable at the time of conclusion of the Agreement (or at the time the offer is issued) is always applicable, unless the Participant / Client /Consumer accepted the new / changed version of the General Terms and Conditions after the conclusion of the Agreement.3. Codaisseur is entitled to rely on third parties for the development and implementation of its Courses. These terms and conditions are also applicable to proposals, offers or Agreements with Codaisseur for which the latter relies on third parties for the development and implementation of Courses.4. The applicability of potential general, purchasing or other terms and conditions of the Participant, Client or Consumer is expressly rejected, regardless of any previous or subsequent reference to - or declaration of the applicability of - such terms and conditions of the Participant, Client or Consumer, for example on invoices.Article 3 - APPLICATION TO AND ENROLMENT IN A COURSE1. Application for a Course takes place by:If the Course is an Academy: filling in an online application on our website via one of the Apply buttons: https://my.codaisseur.com/enrollIf the Course is a 5-day bootcamp: following the application procedure on www.springest.nl(example: https://www.springest.nl/codaisseur-development-bootcamp/development-bootcamp-level-1/inschrijven), a comparison site where you can search and compare training programmes and Courses.If the Course is a workshop or an In-Company Course: sending an email to firstname.lastname@example.org 2. Codaisseur may attach additional terms and conditions to the application and/or admission to a Course, including, but not limited to admission interviews and tests, English language proficiency etc.3. Once the application has been processed, Codaisseur will issue an invoice for the administrative/reservation fee (in the case of an Academy) or the entire Course fee (in the case of a bootcamp, workshop, or In-Company training). 4. In the case of an Academy, a Training Contract will be sent to the admitted applicant for review and acceptance. In the event of a conflict between the terms and conditions stipulated in the Training Contract and the present terms, the Training Contract shall prevail.5. Enrolment is considered confirmed when:If the Course is a bootcamp, workshop, or In-Company training the invoice has been paid. The Client, Consumer, and/or Participant will receive written confirmation of enrolment. If the Course is an Academy the invoice for the administrative/reservation fee has been paid and the Training Contract has been accepted. The Client, Consumer, and/or Participant will receive written confirmation of enrolment.6. Codaisseur reserves the right to refuse the enrolment of a Client, Consumer, and/or Participant for reasons including, but not limited to failure to satisfy the eligibility criteria for a Course. In case of rejection, Course fees that may already have been paid will be reimbursed as soon as possible, but in any event within 30 days of refusal of enrolment.Article 4 - MODIFICATIONS1. Modification of the Course start date by the Consumer, Client, or Participant is done by sending a clear and unambiguous email to this effect to email@example.com or firstname.lastname@example.org. Bootcamps, Workshops, Academies and, if so agreed upon, In-Company Courses are provided on-site at the offices of Codaisseur, online, or via a mix of on-site and online classes, as designated by Codaisseur.3. Any changes to training locations will be communicated by Codaisseur in writing to the Consumer, Client, or Participant in a timely manner, unless advance notice is rendered impossible in the event of force majeure.Article 5 - CANCELLATION OF COURSES OR CHANGES TO COURSES BY CODAISSEUR 1. Codaisseur reserves the right to reschedule or cancel Courses. Reasons for this may be, but not restricted to, low enrolment numbers (a minimum of 5 students s necessary for a course to start), teacher availability, strikes, government measures by the government of the Netherlands. 2. We may be required to reschedule or cancel an individual class at short notice. Reasons for this may be, but not limited to, teacher absence, weather warnings, government measures by the government of the Netherlands or unforeseen building/facility issues.3. At the time of Course cancellation, we will offer you an alternative Course or a refund of the fees already paid by you, to be processed as soon as possible, but in any event within 30 days.4. If an individual class is rescheduled, the participant is not entitled to any restitutions or reduction of the tuition fee.5. The Participant / Client / Consumer is not authorised to cancel the Course or to dissolve the Course Agreement due to the absence of one (or more) teacher(s).6. Codaisseur is not responsible for any additional costs you may have incurred, including costs for travel or accommodation, as a result of cancelled Courses or changes to Courses.7. Codaisseur reserves the right to make changes to the contents of a Course for quality improvement reasons. Such changes will not entitle the participant to cancel his/her enrolment.Article 6 - CANCELLATION OF COURSES BY CONSUMER1. Once you have made a payment to Codaisseur, you are considered to have entered into a contract with us. 2. As a Consumer, you have the right to cancel this contract without stating your reasons (right of withdrawal) within 14 calendar days after the day you have made the payment.3. The right of withdrawal also applies in case a company pays for the Course, but only if the Consumer (for example, a company’s employee(s)) is the one applying, booking, and enrolling in the Course and thus the Agreement is between the Consumer and Codaisseur.4. To exercise the right of withdrawal, you must inform us prior to the end of the withdrawal period via an email sent to email@example.com 5. If you withdraw within the 14 calendar days as mentioned above, all payments that we have received from you will be reimbursed by us as soon as possible, but at the latest within 14 days from the date on which we received your notification of withdrawal. 6. We will process the reimbursement using the same method of payment used for the original transaction, unless otherwise agreed with you in writing, provided the alternative payment method is possible on our side.7. If the request to withdraw from a Course is made after 12 AM CEST on the 14th (fourteenth) calendar day after the day the payment for the Course was made, you are not entitled to a refund of the fee(s) paid.8. The correct and timely exercise of the right of withdrawal is the responsibility of the Consumer.9. If the Course starts during the 14-day withdrawal period, the right to cancellation does not apply.10. Any requests to cancel and receive a refund that are made after the expiration of the withdrawal period that are based on extenuating personal circumstances that prohibit you from attending (for example, serious illness and bereavement) will be handled on a case-by-case basis. Codaisseur reserves the right to request supporting evidence of such circumstances.Article 7 - CANCELLATION OF COURSES BY CLIENT1. In case of an Agreement between Codaisseur and a legal entity (Client), no withdrawal period applies. 2. Cancellation before the start of Course must be done by sending a clear and unambiguous email to this effect to firstname.lastname@example.org. If the Agreement is cancelled up to one calendar month prior to the start of the Course, the Client shall pay 50% of the agreed fee, with a minimum of €50.4. If the Agreement is cancelled less than one calendar month prior to the start of the Course, the Client shall pay 75% of the agreed fee, with a minimum of €50. 5. If the Agreement is cancelled less than 14 calendar days prior to the start of the Course, the Client shall pay the full fee.Article 8 - FEE CHANGES 1.If a Course fee is changed within three months of the conclusion of the Agreement, but prior to the start of the Course or the delivery of the Course material, this change will have no bearing on the previously agreed upon Course fee.2. The Consumer or Client is entitled to terminate the Agreement if the Course fee is increased within three months of the conclusion of the Agreement, but prior to the start of the Course or the delivery of the Course material.3. Subsections 1 and 2 above are not applicable to any fee changes imposed by the law.Article 9 - PAYMENT1. Payment will be done in cash, unless agreed otherwise. Payment in cash also includes a bank transfer to the bank account indicated by CODAISSEUR B.V. at the moment of purchase or delivery, as well as payment via accepted methods of electronic payment.2. If payment in instalments has been agreed to, the Consumer or Client must pay according to the instalment periods and the percentages as stipulated in the Agreement.3. Payment for the Course takes place prior to its respective start date. CODAISSEUR B.V. is entitled to demand full payment of the Course fee within 8 weeks of the start date.ARTICLE 10 – OVERDUE PAYMENT1. The Consumer or Client is considered to be in default of payment once the payment date has expired. CODAISSEUR B.V. sends a payment reminder after the payment date has expired and allows the Consumer or Client to pay within 10 working days of receipt of the reminder.2. If payment has not been made after the 10 working days following the reminder, CODAISSEUR B.V. is then entitled to charge interest and any extrajudicial collection costs. These collection costs shall not exceed: 15% of outstanding amounts up to € 2500, 10% on the next € 2500, and 5% on the next € 5000, with a minimum of € 40. CODAISSEUR B.V. may adjust the amounts and percentages in favour of the Consumer or Client.3. During the handling of a complaint or dispute, CODAISSEUR B.V. will defer the charging of interest and collection costs.Article 11 - PREMATURE TERMINATION BY CODAISSEUR 1. Codaisseur has the right to prematurely terminate an Agreement for a Course on the grounds of serious cause, such as the Participant’s study performance, plagiarism, repeated disruptive behaviour and/or disregard of Codaisseur’s instructions and/or its rules.2. Codaisseur has a zero-tolerance policy for all forms of harassment, abuse, discrimination, bullying, and violence.3. If Codaisseur prematurely terminates the Agreement on the grounds mentioned in paragraphs 1 and 2, the payment obligation of the Participant / Client will not lapse. The full Course fee will still be due and will not be refunded. The Participant / Client does not have a right to (damage) compensation.Article 12 - QUESTIONS
We strive to answer all incoming administrative and course-related questions from prospective students and candidates/applicants as soon as possible, but in any case within a maximum of 5 working days.
Current students and graduates can reach us via Slack messages and dedicated email addresses that are communicated to them once they start a Course, as well all the methods mentioned above.
Questions from students and graduates are handled in order of priority/urgency, but in any case within a maximum of 5 working days.
Questions from the general public will be handled within a maximum of 10 working days.
Questions that require a longer handling time are answered within the maximum number of working days applicable to their nature (based on articles 1-5) with a confirmation of receipt, indicating when Codaisseur expects to be able to provide a more detailed reply.
Article 13 - COMPLAINTS1. In case of a complaint about a Course organised by Codaisseur, you can submit an official complaint in writing by sending an email to: email@example.com 2. Complaints must contain, at the very least:
a complete and clear description of the issue(s), together with any supporting material/evidence;
your name and contact information.
3. The complaint must be received by Codaisseur no later than 8 weeks after the issue occurred or the . Complaints submitted after 8 weeks or more can be declared inadmissible.4. Within 2 weeks, Codaisseur shall confirm the receipt of the complaint (counting from the date on which the complaint is received). 5. Complaints are treated confidentially and their nature, description, scope, consequences, actions taken and outcomes are registered and kept by Codaisseur for a maximum period of 24 months. 6. Complaints are handled as soon as possible, but at the latest within 4 weeks of receipt. 7. Complaints that require a handling time longer than 4 weeks are answered within 4 weeks with a message about the current state of affairs, indicating when the complaint will be settled definitively. 8. If the complaint concerns the result of a formal evaluation of your performance in a Course, a Codaisseur teacher who was not involved in the initial evaluation will perform a reassessment and communicate the conclusion to you.9. If the complaint concerns a different matter, Codaisseur CEO Wouter R. de Vos will be in charge of handling it and either mr. de Vos or a Codaisseur employee designated by the former will communicate the conclusion to you. 10. If Codaisseur cannot solve the complaint, then an independent third party may be relied on, such as for example, the M.P. VROMANS Dispute Committee (firstname.lastname@example.org).The decision made by the independent third party will be considered binding for Codaisseur B.V. and the institution will take all actions necessary to comply with it.Article 14 - INTELLECTUAL PROPERTY RIGHTS1. The copyrights (and potential other intellectual property rights) pertaining to the teaching material and other information supplied during the Course are vested in Codaisseur. This material / information cannot be reproduced (other than for personal use), shown to third parties, shared with a competitor of Codaisseur or otherwise made available without the express prior written consent of Codaisseur.2. Codaisseur models, materials, techniques, instruments, and software that are made available within the framework of the Course are and remain the property of Codaisseur. The Participant / Client is at all times prohibited to copy software from or to install software on the computers that are made available by Codaisseur.ARTICLE 15 – CONFIDENTIALITY1. Any information submitted by the participants or third parties before or during the course that may be expected to be confidential will be treated as such by CODAISSEUR B.V., its current, past, and future staff, as well as its current, past, and future contractors.2. The non-disclosure and confidentiality obligation included in the company’s employment and contractor agreements is not subject to any time limits and shall survive the termination of said employment and contractor agreements.Article 16 - NON-COMPETITION1. Without the express written consent of Codaisseur, the Participant and/or Client are not allowed to use any teaching material provided by Codaisseur or portion thereof to develop or give, personally or through third parties, a similar Course.Article 17 - LIABILITY AND LIMITATION OF LIABILITY1. If a Consumer/Client/Participant has suffered damage as a consequence of a breach of Agreement by Codaisseur B.V., the liability of Codaisseur is limited to the compensation of direct damages not exceeding the value of the Agreement, except in the case of wilful misconduct or gross negligence on the part of Codaisseur B.V.2. The liability of CODAISSEUR B.V. for personal injury or death is not excluded or limited.3. The liability referred to in subsections 1 and 2 also applies to persons employed by CODAISSEUR B.V. or persons who have been taken on to implement the Agreement.4.The teaching material and/or other information related to the Course developed and/or composed by or on behalf of Codaisseur were composed by Codaisseur in a diligent manner and to the best of its knowledge. Codaisseur shall not be liable for damages of any nature whatsoever that are the result of (potentially) incorrect information in the teaching material or any other information related to the Course.5. Codaisseur shall not be liable for damages of any nature whatsoever that are the result of (potentially) incorrect information in the teaching material developed by a third party.Article 18 - OTHER PROVISIONS1. Should one or more provisions of these General Terms and Conditions at any time be invalid or cancelled, either in whole or in part, the remaining provisions of these General Terms and Conditions shall remain in full force and effect.2. Dutch law is exclusively applicable to any and all legal relationships to which Codaisseur is a party, including if a commitment is fully or partly implemented abroad or if the party involved in the legal relationship is established abroad, unless the law of another country applies on the basis of mandatory law.Article 19 - DISPUTES1. The Parties shall first seek to resolve any dispute or claim amicably. 2. Disputes between a Consumer and CODAISSEUR B.V. about the execution of an Agreement can be brought before the M.P. VROMANS Dispute Committee (email@example.com. 3. The Dispute Committee will only handle a dispute if the Consumer first submitted their complaint to CODAISSEUR B.V. in accordance with the provisions of Article 13. and this action did not result in a mutually satisfactory solution.4. A dispute must be brought before the Dispute Committee within twelve months after the complaint was submitted in accordance with the provisions of Article 13.5. CODAISSEUR B.V. will be bound by the decision of the Dispute Committee and will take all actions necessary to comply with it.6. If CODAISSEUR B.V. wants to submit a dispute to the Dispute Committee, it must first ask the Consumer in writing whether they agree with this course of action. The Consumer has 5 weeks to reply. CODAISSEUR B.V. must inform the Consumer that after the aforementioned period of 5 weeks has expired, the company will consider itself free to submit the dispute to the court where it holds its registered office.7. Disputes are treated confidentially by all parties.8. The Dispute Committee will rule on the complaint and inform the parties thereof. The decision of the Dispute Committee is binding for Codaisseur B.V.